Sarik Ansari @ Sarik Khan @ Sarik Miyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55884 of 2022 Arising Out of PS. Case No.-288 Year-2022 Thana- GOVINDGANJ District- East Champaran ====================================================== SARIK ANSARI @ SARIK KHAN @ SARIK MIYAN Son of Manjur Alam @ Manjur Mian Resident of village- Rajepur, P.S- Govindganj, District- East Champaran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shanti Bhushan Singh For the Opposite Party/s :

Mr.Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-02-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has prayed for bail in a case registered for the offence punishable under sections 363, 365, 366, 366(A) of the Indian Penal Code and section 8 of the POCSO Act. Prosecution case relates to abduction of minor daughter of the informant. During search, he came to know from villagers that her daughter was being taken by the petitioner and his relative Jamil Miyan by a motorcycle. When the informant asked about his daughter to the family members of the petitioner, when they abused and threatened him.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. As mentioned in para 54 of the case diary, doctor has opined victim's age as 18-19 years. In her statement recorded u/s 164 Cr.P.C., she has made specific allegation of committing wrong against Mukul who has established physical relation after intoxicated her and the petitioner

Patna High Court CR. MISC. No.55884 of 2022(3) dt.20-02-2023 2/2 by mixing obnoxious tablet in water. Petitioner is also victim of intoxication by the main accused Mukul. She has not whispered the name of the petitioner for any wrong doings. In fact, victim girl has voluntarily gone with the petitioner so no case of kidnapping has been made out against the petitioner. Petitioner is languishing in judicial custody since 13.06.2022.

The application for bail is opposed by learned APP for the State and learned counsel for the informant and submitted that petitioner has taken away the victim girl .

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned 6th Additional Sessions Judgecum-Special Judge POCSO, Motihari, East Champaran, Bihar in connection with Govindganj P.S. Case No. 288 of 2022. (Sunil Kumar Panwar, J) sushma/- U